Proposition 8--Gay marriage in California
Here's the summary of the majority opinion of the California State Supreme Court, from http://www.courtinfo.ca.gov/opinions/
"In summary, we conclude that Proposition 8 constitutes a permissible constitutional amendment (rather than an impermissible constitutional revision), does not violate the separation of powers doctrine, and is not invalid under the “inalienable rights” theory proffered by the Attorney General. We further conclude that Proposition 8 does not apply retroactively and therefore that the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid.
[1] We have no occasion in this case to determine whether same-sex couples who were lawfully married in another jurisdiction prior to the adoption of Proposition 8, but whose marriages were not formally recognized in California prior to that date, are entitled to have their marriages recognized in California at this time. None of the petitioners before us in these cases falls within this category, and in the absence of briefing by a party or parties whose rights would be affected by such a determination, we conclude it would be inappropriate to address that issue in these proceedings. "
So, gay marriage is not legal in California, but the folks who married in good faith under the previous law will have their marriages honored. While I may wish for better, at least the previous marriages have not been invalidated.
So half a loaf, instead of all or none.
We have so far still to go.
BTW, those who do not have access to the opinion can comment here and I will email it to you.
"In summary, we conclude that Proposition 8 constitutes a permissible constitutional amendment (rather than an impermissible constitutional revision), does not violate the separation of powers doctrine, and is not invalid under the “inalienable rights” theory proffered by the Attorney General. We further conclude that Proposition 8 does not apply retroactively and therefore that the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid.
[1] We have no occasion in this case to determine whether same-sex couples who were lawfully married in another jurisdiction prior to the adoption of Proposition 8, but whose marriages were not formally recognized in California prior to that date, are entitled to have their marriages recognized in California at this time. None of the petitioners before us in these cases falls within this category, and in the absence of briefing by a party or parties whose rights would be affected by such a determination, we conclude it would be inappropriate to address that issue in these proceedings. "
So, gay marriage is not legal in California, but the folks who married in good faith under the previous law will have their marriages honored. While I may wish for better, at least the previous marriages have not been invalidated.
So half a loaf, instead of all or none.
We have so far still to go.
BTW, those who do not have access to the opinion can comment here and I will email it to you.